A standard state zoning enabling act under which municipalities may adopt zoning regulations

DEPARTMENT OF COMMERCE

HERBERT HOOVER, SECRETARY

A STANDARD
STATE ZONING ENABLING ACT

UNDER WHICH MUNICIPALITIES MAY ADOPT ZONING

REGULATIONS

BY THE

ADVISORY COMMITTEE ON ZONING

WASHINGTON
GOVERNMENT PRINTING OFFICE
1924

DEPARTMENT OF COMMERCE

HERBERT HOOVER, SECRETARY

A STANDARD
STATE ZONING ENABLING ACT

UNDER WHICH MUNICIPALITIES MAY ADOPT ZONING

REGULATIONS

BY

THE ADVISORY COMMITTEE ON ZONING

APPOINTED BY SECRETARY HOOVER

EDWARD M. BASSETT Counsel, Zoning Committee of New York.

Lawyer.

IRVING B. HIETT Ex-President, National Association of Real Estate

Realtor. Boards.

JOHN IHLDER Manager, Civic Development Department of the

Housing Consultant. Chamber of Commerce of the United States.

MORRIS KNOWLES From the Chamber of Commerce of the United

Consulting Engineer. States.
NELSON P. LEWIS From the National Conference on City Planning

Municipal Engineer. and National Municipal League; Past Presi-

dent, American City Planning Institute.
J. HORACE McFARLAND President, The American Civic Association.

Master Printer and Civic Investigator.

FREDERICK LAW OLMSTED President, The American Society of Landscape

Landscape Architect. Architects ; Past President, American City

Planning Institute.

LAWRENCE VEILLER Secretary and Director, The National Housing

Housing Expert. Association.

JOHN M. GRIES

Chief, Division of Building and Housing, Bureau of Standards,
Department of Commerce

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SOLD ONLY BY THE SUPERINTENDENT OF DOCUMENTS
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WASHINGTON
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1924

PREFACE.

A standard State zoning enabling act, under which municipalities
may adopt zoning regulations, was first issued in mimeographed
form in August, 1922. A revised edition was made public in the
same form in January, 1923, and since then a few minor changes
have been made. The act is now printed in order to make it avail-
able to a larger number of people.

The circulation of the standard act in its preliminary form was
not confined to those directly interested in the drafting of State
zoning legislation. Calls for it were received from persons in all
sections of the country who desired to use it on account of its general
bearing on the legal and social aspects of zoning.

CONTENTS.

Page.

Foreword, by Herbert Hoover, Secretary of Commerce iv

Explanatory notes in general 1

A standard State zoning enabling act 4

Sec. 1. Grant of power 4

Sec. 2. Districts 5

Sec. 3. Purposes in view 6

Sec. 4. Method of procedure 7

Sec. 5. Changes 7

Sec. 6. Zoning Commission 8

Sec. 7. Board of Adjustment 9

Sec. 8. Remedies 11

Sec. 9. Conflict with other laws 12

78055°— 24 in

FOREWORD.

By Hekbeet Hoover.

The importance of this standard State zoning enabling act can
not well be overemphasized. When the advisory committee on zon-
ing was formed in the Department of Commerce, the proposal to
frame it received unanimous support from the public-spirited organ-
izations represented on the committee, and other groups interested in
zoning. The urgency of the need for such a standard act was at once
demonstrated, when, within a year of its issuance, 11 States passed
zoning enabling acts which were modeled either wholly or partly
after it. Similar acts have been introduced in 4 other States, with
the prospect of more to follow.

The discovery that it is practical by city zoning to carry out reason-
able neighborly agreements as to the use of land has made an almost
instant appeal to the American people. When the advisory com-
mittee on zoning was formed in the Department of Commerce in
September, 1921, only 48 cities and towns, with less than 11,000,000
inhabitants, had adopted zoning ordinances. By the end of 1923, a
little more than two years later, zoning was in effect in 218 munici-
palities, with more than 22,000,000 inhabitants, and new ones are
being added to the list each month.

In this rapid movement the fundamental legal basis on which zon-
ing rests can not be overlooked. Several of our States, fortunately,
already have zoning enabling acts that have stood the test in their
own courts. This standard act endeavors to provide, so far as it is
practicable to foresee, that proper zoning can be undertaken under it
without injustice and without violating property rights. The com-
mittee did not make it public until it had given it the most exacting
and painstaking study in relation to existing State acts and court
decisions and with reference to zoning as it has been praoticed and
found successful in cities and towns throughout the country. Prac-
tical zoners who have been associated with a majority of zoned cities
were consulted for their opinions, and the committee itself represents
the professional, commercial, and civic societies most interested in
zoning problems.

The drafting of the act has required very large effort, and the
members of the advisory committee on zoning, particularly those who
served on the subcommittee on standard law, merit the gratitude of
the people of the United States for the thoroughness with which they
executed their task.

February 15, 1924.

IV

A STANDARD STATE ZONING ENABLING ACT UNDER WHICH
MUNICIPALITIES MAY ADOPT ZONING REGULATIONS.

EXPLANATORY NOTES IN GENERAL.

1. An enabling act is advisable in all cases. — There is a tendency
in some States to assume that the powers contained in home rule
charters are sufficient to enable a municipality to undertake zoning.
This is often a mistaken belief, and some zoning ordinances have been
set aside because the municipality had not been granted the specific
power to do that which zoning implies.

2. Constitutional amendments not required. — No amendment to the
State constitution, as a rule, is necessary. Zoning is undertaken
under the police power and is well within the powers granted to the
legislature by the constitutions of the various States.

3. Modify this standard act as little as possible. — It has been pre-
pared with a full knowledge of the decisions of the courts in every
case in which zoning acts have been under review. A safe course to
follow is to make only those changes necessary to have the act con-
form to local legislative customs and modes of expression.

4. Adding neio words and phrases. — Especial caution is given to
beware of adding additional words and phrases which, as a rule,
restrict the meaning, from the legal point of view.

5. Do not try to consolidate sections. — It is natural to try to
shorten the act by consolidating sections. This may defeat one of
the purposes of the act, namely, of keeping the language of the
statute as simple and concise as possible. It is much better to have
an act broken up into a number of sections, provided they are prop-
erly drawn, than to have one or two, or a few long involved sections.
While it is recognized that some of the sections in the standard act
could be combined, it is put purposely in its present form.

6. Title and enacting clause necessary. — No title of the act and no
enacting clause have been included. These are purposely omitted,
as the custom varies in almost every State. The act should, of course,
be preceded by the appropriate title and enacting clause in accord-
ance with the local legislative custom.

7. Definitions. — No definitions are included. The terms used in
the act are so commonly understood that definitions are unneces-
sary. Definitions are generally a source of danger. They give to
words a restricted meaning. No difficulty will be found with the
operation of the act because of the absence of such definitions.

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2

V. S. DEPARTMENT OF COMMERCE.

8. Validity of one section affecting other sections. — Some States
have included in the enabling act a declaration to the effect that the
finding void or unconstitutional by the courts of one seotion or pro-
vision shall not affect the rest of the act. This is so well accepted
a principle of legal interpretation that it seems unnecessary to in-
clude it in the act. If any State desires to have it included, it can
be added without danger.

9. No declaration that Act is not retroactive. — Some laws contain
a provision to the effect that "the powers by this Act conferred
shall not be exercised so as to deprive the owner of any existing
property of its use or maintenance for the purpose to which it is
then lawfully devoted." While the almost universal practice is to
make zoning ordinances nonretroactive, it is recognized that there
may arise local conditions of a peculiar character that make it
necessary and desirable to deal with some isolated case by means of
a retroactive provision affecting that case only. For this reason
it does not seem wise to debar the local legislative body from dealing
with such a situation.

10. The repeal clause. — No repeal clause has been included in the
act for the reason that the method of phrasing such a clause will
vary in nearly every State. The local legislative custom as to repeal
clauses should be followed.

11. Date of taking effect. — For similar reasons the act does not
include any provision as to the date on which it will take effect. Here
also the local legislative custom should be followed.

12. Typical ordinances or local regulations. — The department is
now making a careful study of a group of typical zoning ordinances.
It is expected that a supplementary publication on this subject will
be forthcoming.

13. Interim ordinances. — After the local legislative authorities
have the power to zone, they are nearly always pressed to bring
immediate protection to certain threatened localities. Sometimes
the authorities frame an ordinance to cover a few blocks, or only a
part of the city; this is called piecemeal zoning. Its adoption is
inadvisable and may lead to much litigation. Interim zoning,
although undesirable, is not as objectionable as piecemeal zoning.
Interim zoning, at least, has the advantage of applying to the whole
city. For instance, an ordinance providing that, wherever three-
fourths of the houses in a block are residential, then no new business
structure or factory can be built in that block, is an illustration of
interim zoning. The reason it is objectionable is because it is too
general, not sufficiently adapted to the particular need of each street,
and therefore likely to be arbitrary in many cases. In such case,
if a new house is built or an old one destroyed, the legal protection
of the district may be altered. In this sense the district is a " travel-

A STANDARD STATE ZONING ENABLING ACT.

3

ing zone." As such, a district has no stability, and as the police
power may be differently applied according to the acts of property
owners, it is not looked upon with favor by the courts. To prevent
this, the words " at the time of the passage of this ordinance " should
be inserted. If it is deemed necessary to prohibit a nonconforming
building because of the consents or protests of the property owners,
the ordinance should always be phrased so as to prohibit the non-
conforming use, unless the desired majority files written consents
with the officials. In other words, a provision which conditions the
permission to have a nonconforming use upon the consents of a ma-
jority of the property owners is void. If at all possible, the first
zoning ordinance should be comprehensive.

A STANDARD STATE ZONING ENABLING ACT.

Section 1. Grant of Power. — For the purpose of promoting
health,1 safety, morals, or2 the general welfare3 of the community,
the legislative body4 of cities and incorporated villages5 is hereby
empowered to regulate and restrict6 the height, number of stories,7

1 "health" : It is to be noted that the word used is " health." not " public
health," for the latter narrows the application. There are some things that
relate to the health only of the people living in a given dwelling, such, for
instance, as the size of yards, and have only a remote relation to public health.
If the term "public health" were used, the act might be set aside in a given
case where it would be possible to show that the particular provision in which
legal action was being taken did not concern itself with the public health but
only with health.

a "0r" ; it should be noted that the word used is " or " and not the word " and."
If the latter word were used, then it might be necessary to show to the satis-
faction of the court that all four of the purposes mentioned were involved in a
given case, viz, health, safety, morals, and general welfare. The use of the word
"or" limits the application to any one of the four instead of to all of them.

* "general welfare" : The main pillars on which the police power rests are
these four, viz, health, safety, morals, and general welfare. It is wise, there-
fore, to limit the purposes of this enactment to these four. There may be
danger in adding others, as " prosperity," " comfort," " convenience," " order,"
"growth of the city," etc., and nothing is to be gained thereby.

* "legislative body" : This term is sufficiently understood to include all forms
of government, including commission and city manager, as well as the older
forms of government. Whatever form of government exists, there must be
some local body performing legislative functions.

'"cities and incorporated villages": This phrase includes those municipalities
which ordinarily will find it advantageous to be given zoning powers. In some
States, where different forms of governmental provisions exist, it will be
necessary to add those municipalities to the term "cities and incorporated vil-
lages ; " in other States the word " town " or " borough " will probably need
to be added. The term " cities and incorporated villages," however, will cover
the normal situation.

""regulate and restrict": This phrase is considered sufficiently all-embracing.
Nothing will be gained by adding such terms as "exclude," " segregate," " limit,"
" determine."

7 "number of stories" : It is thought wise to add this to the term " height," as
courts may construe this expression narrowly, as limited to a given number of
feet only, and may hold that this does not give the power to limit the number
of stories, provided the building in question came within the limitation of the
number of feet imposed by the ordinance. It is obvious that the power to
restrict the number of stories should be granted.
4

A STANDARD STATE ZONING ENABLING ACT.

5

and size of buildings 8 and other structures,9 the percentage of lot 10
that may be occupied, the size of yards, courts, and other open
spaces, 11 the density of population,12 and the location and use13 of
buildings, structures, and land for trade, industry, residence, or
other purposes.1*' 15

Sec. 2. Districts. — For any or all of said purposes the local legis-
lative body may divide the municipality 16 into districts of such num-
ber, shape," and area as may be deemed best suited to carry out the
purposes of this Act; and within such districts it may regulate and
restrict the erection, construction, reconstruction, alteration, repair,

8 "size of buildings" : The term " size " is a better expression to use than
"bulk" or "area," for the reason that both "bulk" and "area" imply, to some
extent, a regularity of outline that may not be involved in all cases, whereas
"size" is sufficiently all-inclusive to cover all contingencies.

* "other structures" : This phrase would include other structures which
possibly might not be denned as "buildings," such as open sheds, billboards,
fences, spite fences, etc., none of which can be strictly considered as " build-
ings," as commonly understood.

" " percentage of lot " : This is a better method of expression than granting
the power to limit " the area of the building, " as has been done in some laws,
for the latter expression does not imply a variation of the fraction of the lot
built upon.

11 " other open spaces " : This is a catch-all expression and is necessary in
view of the fact that " yards " and "courts " are not defined in the Act.

12 " density of population " : The power to regulate density of population
is comparatively new in zoning practice. It is, however, highly desirable.
Many different methods may be employed. For this reason the phrase "density
of population " is a better phrase to use than one giving the power to " limit
the number of people to the acre, " as this is only one method of limiting den-
sity of population. It may be more desirable to limit the number of families to
the acre or the number of families to a given house, etc. The expression " num-
ber of people to the acre " is therefore more limited in its meaning and de-
scribes only one way of reducing congestion of population, while the phrase
" limiting density of population " is all-embracing. It is believed that, with
proper restrictions, this provision will make possible the creation of one-
family residence districts.

m " use " : This term is broad enough to include all meanings desired.

M " other purposes " : This is a catch-all phrase. It will include every use.

"Although the power to require open spaces allows the fixing of setback
building lines, some recent acts contain a specific grant of that power. The
establishment of setback lines is somewhat novel in zoning practice but is be-
ginning to be employed. As it is in the minds of some people of doubtful legal-
ity and has not as yet been sustained by the courts, this power has not been
included here. If it should be desired to grant such power, it can readily be
done by adding at the end of this section the following words : " and may also
establish setback building lines. "

M " municipality " : This term is sufficiently broad to include cities, towns,
villages, boroughs, or whatever governmental unit may be involved.

17 " shape " : This permits districts of irregular outline, something that is
quite necessary.

6

TJ. S. DEPARTMENT OF COMMERCE.

or use18 of buildings, structures, or land. All such regulations shall
be uniform for each class or kind of buildings throughout each dis-
trict, 19 but the regulations in one district may differ 20 from those in
other districts.

Sec. 3. Purposes in View.21 — Such regulations shall be made
in accordance with a comprehensive plan 22 and designed 23 to
lessen congestion in the streets; to secure safety from fire, panic,
and other dangers; to promote health and the general welfare; to
provide adequate light and air; to prevent the overcrowding of
land; to avoid undue concentration of population; to facilitate the
adequate provision of transportation, water, sewerage, schools,
parks, and other public requirements. Such regulations shall be
made with reasonable consideration, among other things, to the
character of the district and its peculiar suitability for particular
uses,24 and with a view to conserving the value of buildings 25 and
encouraging the most appropriate use of land throughout such muni-
cipality.

18 " reconstruction, alteration, repair, or use " : All of these words are
thought necessary, So as to allow no loophole for evasion of the law.

" " uniform for each class or kind of buildings throughout each district " :
This is important, not so much for legal reasons as because it gives notice to
property owners that there shall be no improper discriminations, but that all
in the same class shall be treated alike.

" " may differ " : This is the essence of zoning, and without this express au-
thority from the legislature to make different regulations in different districts,
zoning might be of doubtful validity.

31 " Purposes in view " : This section should be clearly differentiated from
the statement of purpose (under the police power) contained in the first
sentence of section 1. That defined and limited the powers created by the
legislature to the municipality under the police power. This section con-
tains practically a direction from the legislative body as to the purposes in
view in establishing a zoning ordinance and the manner in which the work
of preparing such an ordinance shall be done. It may be said, in brief, to
constitute the " atmosphere " under which the zoning is to be done.

a " with a comprehensive plan " : This will prevent haphazard or piece-
meal zoning. No zoning should be done without such a comprehensive study.

a " and designed " : This is the statement of direction given by the legis-
lature referred to in note 21. It has purposely been made to include many
purposes. There are not the same dangers involved here that there are in
adding to the statement of purposes under the police power, as set forth in
the first sentence of section 1.

M " peculiar suitability for particular uses " : This is a reassurance to prop-
erty interests that zoning is to be done in a sane and practical way.

a " conserving the value of buildings " : It should be noted that zoning is
not intended to enhance the value of buildings, but to conserve that value —
that is, to prevent depreciation of values such as come in " blighted dis-
tricts," for instance — but it is to encourage the most appropriate use of land.

A STANDARD STATE ZONING ENABLING ACT.

7

Sec. 4. Method of Procedure. — The legislative body of such
municipality shall provide for the manner26 in which such regula-
tions and restrictions and the boundaries of such districts shall be
determined, established, and enforced, and from time to time
amended, supplemented, or changed. However, no such regulation,
restriction, or boundary shall become effective until after a public
hearing27 in relation thereto, at which parties in interest and citi-
zens28 shall have an opportunity to be heard. At least 15 days'
notice 29 of the time and place of such hearing shall be published in an
official paper, or a paper of general circulation, in such municipality.

Sec. 5. Changes.30 — Such regulations, restrictions, and boundaries
may from time to time be amended, supplemented, changed, modified,
or repealed. In case, however, of a protest against such change,31
signed by the owners of 20 per cent or more either of the area of
the lots32 included in such proposed change, or of those immediately

28 " provide for the manner " : In view of the great variety In the form of
government that exists throughout the country, it is not thought wise to use
the expression "provide by ordinance," for that method may be inappropriate
in those communities that have commission government or city managers.

n " after a public hearing " : It is thought wise to require by statute that
there must be a public hearing before a zoning ordinance becomes effective.
There should be, as a matter of policy, many such hearings.

28 " and citizens " : This permits any person to be heard, and not merely
property owners whose property interests may be adversely affected by the
proposed ordinance. It is right that every citizen should be able to make
his voice heard and protest against any ordinance that might be detrimental
to the best interests of the city.

" 15 days' notice " : This requirement can be varied to conform to local
custom. All that is important is that there should be due and proper notice
and ample time for citizens to study the proposals and make their opposition
manifest.

30 " Changes " : It is obvious that provision must be made for changing
the regulations as conditions change or new conditions arise, otherwise zoning
would be a " strait-jacket " and a detriment to a community instead of an
asset.

31 " change " : This term, as here used, it is believed will be construed by
the courts to include " amendments, supplements, modifications, and repeal,"
in view of the language which it follows. These words might be added after
the word " change," but have been omitted for the sake of brevity. On the
other hand, there must be stability for zoning ordinances if they are to be of
value. For this reason the practice has been rather generally adopted of per-
mitting ordinary routine changes to be adopted by a majority vote of the local
legislative body, but requiring a three-fourths vote in the event of a protest
from a substantial proportion of property owners whose interests are affected.
This has proved in practice to be a sound procedure, and has tended to stabilize
the ordinance.

32 " area of the lots " : Most laws heretofore enacted, based on the first
enactment in New York City, have used ownership of feet frontage as the
basis for this consent This has given rise to many difficulties in practice,

8

U. S. DEPARTMENT OF COMMERCE.

adjacent33 in the rear thereof8* extending feet therefrom,85 or of

those directty opposite36 thereto extending feet35 from the street

frontage of such opposite lots, such amendment shall not become
effective except by the favorable vote of three-fourths of all the
members37 of the legislative body of such municipality. The pro-
visions of the previous section relative to public hearings and official
notice shall apply equally to all changes or amendments.

Sec. 6. Zoning Commission. — In order to avail itself of the pow-
ers conferred by this act,38 such legislative body shall appoint a
commission,39 to be known as the Zoning Commission, to recommend
the boundaries of the various original districts and appropriate

especially with corner lots which have frontage on two streets and whose
owners accordingly have had two votes to the single vote of the other prop-
erty owners. In order to get rid of this unnecessarily complex method of
determining solely the question of assent to a change in the ordinance, it is
recommended that area of the lots included in the proposed change be used as
the basis, instead of feet frontage. This will do away with the present unfair
element of double voting and the unnecessary complications of the generally
used method.

33 " or of those immediately adjacent " : There are three groups of property
ownership, and if 20 per cent of any one of these object to the proposed change
it will require a three-fourths vote of the legislative body before the change
can become effective. These three are (1) the owners of the lots included in
the change, (2) the owners of the lots immediately adjacent in the rear, and
(3) the owners of the lots directly opposite.

34 " immediately adjacent in the rear thereof " : This phrase is necessary for
precision ; otherwise there will be doubt, and owners of lots in the rear but
some distance away might claim the right to be included in the objection.

B5 " extending feet therefrom " : There should be inserted in the Act the

number of feet which is the .prevailing lot depth in the municipalities of the
state.

36 " directly opposite " : The same considerations apply to this phrase as to
" immediately adjacent in the rear thereof."

3? " all the members": It is important to use this expression, otherwise
changes in the ordinance might be made by a three-fourth's vote of the mem-
bers present at a given meeting.

** " In order to avail itself of the poioers conferred by this Act " : Without
this phrase it would be necessary for the local legislative body forthwith to
appoint a zoning commission, even though it was not desired to take up zon-
ing at that time. This Act is an enabling act empowering action, not making
it mandatory.

" shall appoint a commission " : Even though a committee of the local legis-
lative body might be entirely competent to undertake the painstaking, careful,
and prolonged detailed study that is ordinarily involved in the preparation of
a zoning ordinance and map, the appointment of an outside body of representa-
tive citizens is most desirable as a means of securing that participation in
and thorough understanding of the zoning ordinance which will insure its ac-
ceptance by the people of the particular municipality. One of the most impor-
tant functions of such a commission is the holding of numei'ous conferences
in all parts of the city with all classes of interests. No zoning ordinance
should be adopted until such work has been done.

A STANDARD STATE ZONING ENABLING ACT.

9

regulations to be enforced therein. Such commission shall make a
preliminary report and hold public hearings thereon before sub-
mitting its final report, and such legislative body shall not hold its
public hearings or take action until 40 it has received the final report
of such commission. Where a city plan commission 41 already ex-
ists, it may be appointed 42 as the Zoning Commission.43

Sec. 7. Board of Adjustment. — Such local legislative body may
provide for the appointment of a Board of Adjustment, and in the
regulations and restrictions adopted pursuant to the authority of this
act may provide that the said Board of Adjustment may, in appro-
priate cases and subject to appropriate conditions and safeguards,
make special exceptions to the terms of the ordinance in harmony
with its general purpose and intent and in accordance with general or
specific rules therein contained.

The Board of Adjustment shall consist of five members, each to
be appointed for a ter-m of three years 44 and removable for cause by
the appointing authority upon written charges and after public
hearing. Vacancies shall be filled for the unexpired term of any
member whose term becomes vacant.

The board shall adopt rules in accordance with the provisions of
any ordinance adopted pursuant to this act. Meetings of the board
shall be held at the call of the chairman and at such other times
as the board may determine. Such chairman, or in his absence the
acting chairman, may administer oaths and compel the attendance of
witnesses. All meetings of the board shall be open to the public. The

** " shall not hold its public hearings or take action until " : This is a proper
safeguard against hasty or ill-considered action. It should be carefully noted
that this is in no sense a delegation of its powers by the local legislative body
to the Zoning Commission. The legislative body may still reverse the recom-
mendations of the Zoning Commission.

a " city plan commission " : It is highly desirable that all zoning schemes
should be worked out as an integral part of the city plan. For that reason
the city plan commission, preferably, should be intrusted with the making of
the zoning plan.

a " may be appointed " : It should be noted that its appointment is not made
mandatory, however, as sometimes there will be local reasons for desiring a
separate body.

13 "Zoning Commission " : Some laws contain a provision to the effect that all
changes in the ordinance shall be reported upon by the Zoning Commission be-
fore action on them can be taken by the legislative body. Such a provision
has not been included here. In the first place, that involves continuing the
Zoning Commission as a permanent body, which may not be desirable. In the
second place, it is before a zoning ordinance is established that the necessity
exists for that careful study and investigation which a Zoning Commission can
so well perform. Amendments to the original ordinance do not, as a rule, re-
quire such comprehensive study and may be passed upon by the legislative
body provided that proper notice and opportunity for the public to express its
views have been given.

** " each to be appointed for three years " : This can be altered to provide for
overlapping terms, if desired.

10

U. S. DEPAKTMENT OF COMMERCE.

board shall keep minutes of its proceedings, showing the vote of each
member upon each question, or, if absent or failing to vote, indicating
such fact, and shall keep records of its examinations and other official
actions, all of which shall be immediately filed in the office of the
board and shall be a public record.

Appeals to the Board of Adjustment may be taken by any person
aggrieved or by any officer, department, board, or bureau of the
municipality affected by any decision of the administrative officer.
Such appeal shall be taken within a reasonable time, as provided by
the rules of the board, by filing with the officer from whom the appeal
is taken and with the Board of Adjustment a notice of appeal speci-
fying the grounds thereof. The officer from whom the appeal is
taken shall forthwith transmit to the board all the papers constitut-
ing the record upon which the action appealed from was taken.

An appeal stays all proceedings in furtherance of the action ap-
pealed from, unless the officer from whom the appeal is taken certifies
to the Board of Adjustment after the notice of appeal shall have
been filed with him that by reason of facts stated in the certificate a
stay would, in his opinion, cause imminent peril to life or property.
In such case proceedings shall not be stayed otherwise than by a re-
straining order which may be granted by the Board of Adjustment
or by a court of record on application on notice to the officer from
whom the appeal is taken and on due cause shown.

The Board of Adjustment shall fix a reasonable time for the hear-
ing of the appeal, give public notice thereof, as well as due notice to
the parties in interest, and decide the same within a reasonable time.
Upon the hearing any party may appear in person or by agent or by
attorney.

The Board of Adjustment shall have the following powers:

1. To hear and decide appeals where it is alleged there is error in
any order, requirement, decision, or determination made by an ad-
ministrative official in the enforcement of this act or of any ordi-
nance adopted pursuant thereto.

2. To hear and decide special exceptions to the terms of the ordi-
nance upon which such board is required to pass under such ordi-
nance.

3. To authorize upon appeal in specific cases such variance from
the terms of the ordinance as will not be contrary to the public in-
terest, where, owing to special conditions, a literal enforcement of
the provisions of the ordinance will result in unnecessary hardship,
and so that the spirit of the ordinance shall be observed and sub-
stantial justice done.

In exercising the above-mentioned powers such board may, in
conformity with the provisions of this act, reverse or affirm, wholly
or partly, or may modify the order, requirement, decision, or deter-
mination appealed from and may make such order, requirement, de-

A STANDARD STATE ZONING ENABLING ACT.

11

cision, or determination as ought to be made, and to that end shall
have all the powers of the officer from whom the appeal is taken.

The concurring vote of four members of the board shall be neces-
sary to reverse any order, requirement, decision, or determination
of any such administrative official, or to decide in favor of the appli-
cant on any matter upon which it is required to pass under any
such ordinance, or to effect any variation in such ordinance.

Any person or persons, jointly or severally, aggrieved by any de-
cision of the Board of Adjustment, or any taxpayer, or any officer,
department, board, or bureau of the municipality, may present to
a court of record a petition, duly verified, setting forth that such de-
cision is illegal, in whole or in part, specifying the grounds of the
illegality. Such petition shall be presented to the court within 30
days after the filing of the decision in the office of the board.

Upon the presentation of such petition the court may allow a writ
of certiorari directed to the Board of Adjustment to review such
decision of the Board of Adjustment and shall prescribe therein the
time within which a return thereto must be made and served upon
the relator's attorney, which shall not be less than 10 days and may
be extended by the court. The allowance of the writ shall not stay
proceedings upon the decision appealed from, but the court may,
on application, on notice to the board and on due cause shown,
grant a restraining order.

The Board of Adjustment shall not be required to return the
original papers acted upon by it, but it shall be sufficient to return
certified or sworn copies thereof or of such portions thereof as may
be called for by such writ. The return shall concisely set forth such
other facts as may be pertinent and material to show the grounds
of the decision appealed from and shall be verified.

If, upon the hearing, it shall appear to the court that testimony
is necessary for the proper disposition of the matter, it may take evi-
dence or appoint a referee to take such evidence as it may direct and
report the same to the court with his findings of fact and conclu-
sions of law, which shall constitute a part of the proceedings upon
which the determination of the court shall be made. The court may
reverse or affirm, wholly or partly, or may modify the decision
brought up for review.

Costs shall not be allowed against the board unless it shall appear
to the court that it acted with gross negligence, or in bad faith, or
with malice in making the decision appealed from.

All issues in any proceeding under this section shall have prefer-
ence over all other civil actions and proceedings.

Sec. 8. Remedies.46 — In case any building or structure is erected,
constructed, reconstructed, altered, repaired, converted, or main-

- " Remedies " : This section is vital. Without it the local authorities, as a
rale, will be powerless to do more than inflict a fine or penalty for violation

12

U. S. DEPARTMENT OF COMMERCE.

tained, or any building, structure, or land is used in violation of
this act or of any ordinance or other regulation made under authority
conferred hereby, the proper local authorities of the municipality,
in addition to other remedies, may institute any appropriate action
or proceedings 46 to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance, or use,
to restrain, correct, or abate such violation, to prevent the occupancy
of said building, structure, or land, or to prevent any illegal act,
conduct, business, or use in or about such premises.

Sec. 9. Conflict With Other Laws. 47 — Wherever the regulations
made under authority of this act require a greater width or size of
yards, courts, or other open spaces, or require a lower height of build-
ing or less number of stories, or require a greater percentage of lot
to be left unoccupied, or impose other higher standards than are
required in any other statute or local ordinance or regulation, the
provisions of the regulations made under authority of this act shall
govern. Wherever the provisions of any other statute or local ordi-
nance or regulation require a greater width or size of yards, courts,
or other open spaces, or require a lower height of building or a less
number of stories, or require a greater percentage of lot to be left
unoccupied, or impose other higher standards than are required by
the regulations made under authority of this act, the provisions of
such statute or local ordinance or regulation shall govern.

of the zoning ordinance. It is obvious that a person desiring undue privileges
will be glad to pay a few hundred dollars in fines or penalties if thereby
he can obtain a privilege to build in a manner forbidden by law, or use his
building in an unlawful manner, when he may profit thereby to the extent
of many thousands of dollars. What is necessary is that the authorities
shall be able to stop promptly the construction of an unlawful building before
it is erected and restrain and prohibit an unlawful use.

48 " any appropriate action or proceedings " : Under the provisions of this
section the local authorities may use any or all of the following methods in
trying to bring about compliance with the law : They may sue the responsible
person for a penalty in a civil suit ; they may arrest the offender and put him
in jail ; they may stop the work in the case of a new building, and prevent
its going on; they may prevent the occupancy of a building and keep it
vacant until such time as the conditions complained of are remedied; they
can evict the occupants of a building when the conditions are contrary to
law, and prevent its reoccupancy until the conditions have been cured. All of
these things the local authorities should be given power to do if zoning laws
are to be effective.

4? "Conflict With Other Laws " : By this provision the community is
always assured of the maintenance of the higher standard. Without a
provision of this kind the later enactment would probably govern. This
requirement is especially necessary in those States which now have or later
may enact housing laws, as housing laws also contain requirements as to
height of dwellings, size of yards, and other open spaces, etc.

o

DEPARTMENT OF COMMERCE,

WASHINGTON.

PUBLICATIONS IN RELATION TO HOUSING AND MUNICIPAL REGULATION.

[These publications may be obtained from the Superintendent of Documents, Govern-
ment Printing Office, Washington, D. C, payments to be made by money order or New
York draft ; currency at sender's risk. Postage or foreign money not accepted.]

A Zoning Primer.

By the Advisory Committee on Zonirig: Edward M. Bassett, Irving B.
Hiett, John Ihlder, Morris Knowles, Nelson P. Lewis, J. Horace McFar-
land, Frederick Law Olmsted, and Lawrence Veiller. 12 pages. Gov-
ernment Printing Office, Washington. Price, 5 cents.
How to Own Your Home.

By John M. Gries and James S. Taylor, with a foreword by Herbert
Hoover, viii+28 pages. Government Printing Office, Washington. Price,
5 cents.

Recommended Minimum Requirements for Small Dwelling Construction.
By the Building Code Committee: Ira H. Woolson, chairman; Edwin H.
Brown, William K. Hatt, Rudolph P. Miller, J. A. Newlin, Ernest J.
Russell, and Joseph R Worcester. 30 illustrations. 108 pages. Gov-
ernment Printing Office, Washington. Price, 15 cents.
Recommended Minimum Requirements for Plumbing in Dwellings and Simi-
lar Buildings.

By the Subcommittee on Plumbing: George C. Whipple, chairman; Harry
Y. Carson, William C. Groeniger, Thomas F. Hanley, and A. E. Hansen.
(In preparation. To be printed by the Government Printing Office,
Washington. )
Materials for the Household.

Government Printing Office, Washington. 254 pages. Price, 25 centa

MIMEOGRAPHED MATERIAL,

A list of zoned municipalities and references to State laws relating to zon-
ing is kept by the Division of Building and Housing, Department of Commerce,
Washington, and copies may be obtained on application.